82R24153 EES-F
 
  By: King of Taylor H.B. No. 3451
 
  Substitute the following for H.B. No. 3451:
 
  By:  Taylor of Collin C.S.H.B. No. 3451
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to improving nutrition and health outcomes among
  recipients of benefits under the supplemental nutrition assistance
  program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  FINDINGS AND DECLARATION OF POLICY. The
  legislature finds that:
               (1)  Texans are committed to ensuring the health of
  families and children and understand the importance of the role
  preventive health care measures have on population health and the
  state economy;
               (2)  consuming healthy foods such as fruits,
  vegetables, whole grains, fat-free and low-fat dairy products, and
  seafood, and consuming fewer foods with sodium, saturated and trans
  fats, added sugars, and refined grains, are important preventive
  health care measures; and
               (3)  public benefits programs that provide recipients
  with access to an adequate and nutritional diet should incorporate
  sound nutritional principles and promote the health and well-being
  of recipients.
         SECTION 2.  WAIVER OR OTHER AUTHORIZATION TO IMPROVE
  NUTRITION AND HEALTH OUTCOMES UNDER CERTAIN PROGRAMS. (a)  The
  executive commissioner of the Health and Human Services Commission
  shall develop and seek a waiver or other appropriate authorization
  from the United States secretary of agriculture under Section 17,
  Food and Nutrition Act of 2008 (7 U.S.C. Section 2026), to make
  changes to the supplemental nutrition assistance program provided
  under Chapter 33, Human Resources Code, to improve nutrition and
  health outcomes among recipients of benefits under the program.
         (b)  In developing the waiver or other authorization under
  Subsection (a) of this section, the executive commissioner of the
  Health and Human Services Commission may consider the feasibility,
  including the costs and benefits, of:
               (1)  restricting the purchase of certain food items
  with minimal nutritional value under the supplemental nutrition
  assistance program; and
               (2)  promoting healthy food choices by recipients of
  benefits under the program.
         (c)  In developing the waiver or other authorization under
  Subsection (a) of this section, the executive commissioner of the
  Health and Human Services Commission shall solicit input from
  interested persons, including state agencies that administer
  nutritional assistance programs, nonprofit organizations that
  administer hunger relief programs, health care providers,
  nutrition experts, food retailers, and food industry
  representatives.
         (d)  As soon as practicable after the effective date of this
  Act, the executive commissioner of the Health and Human Services
  Commission shall apply for and actively pursue the waiver or other
  authorization as required by Subsection (a) of this section.
         SECTION 3.  EFFECTIVE DATE. This Act takes effect
  immediately if it receives a vote of two-thirds of all the members
  elected to each house, as provided by Section 39, Article III, Texas
  Constitution.  If this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2011.